§ 40101. Policy

Pub. L. 118–63, title IX, subtitle B, May 16, 2024, 138 Stat. 1375, provided that: “SEC. 951. DEFINITIONS.“In this subtitle:“(1) Advanced air mobility.—The terms ‘advanced air mobility’ and ‘AAM’ mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft. “(2) Powered-lift aircraft.—The term ‘powered-lift aircraft’ has the meaning given the term ‘powered-lift’ in section 1.1 of title 14, Code of Federal Regulations. “(3) Regional air mobility.—The term ‘regional air mobility’ means the movement of passengers or property by air between 2 points using an airworthy aircraft that—“(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; “(B) has a maximum takeoff weight of greater than 1,320 pounds; and “(C) is not urban air mobility. “(4) Urban air mobility.—The term ‘urban air mobility’ means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—“(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and “(B) has a maximum takeoff weight of greater than 1,320 pounds. “(5) Vertiport.—The term ‘vertiport’ means an area of land, water, or a structure used or intended to be used to support the landing, takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards established by the Administrator [of the Federal Aviation Administration] can accommodate. “SEC. 952. SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED AIR MOBILITY.“It is the sense of Congress that—“(1) the United States should take actions to become a global leader in advanced air mobility; “(2) as such a global leader, the FAA [Federal Aviation Administration] should—“(A) prioritize work on the type certification of powered-lift aircraft; “(B) publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120-AL72); “(C) work with global partners to promote acceptance of advanced air mobility products; and “(D) leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and “(3) the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system. “SEC. 953. APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.“In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—“(1) apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and “(2) after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations. “SEC. 954. ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS. [Amended section 2 of Pub. L. 117–203, set out below.] “SEC. 955. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.“(a) SFAR Rulemaking.—“(1) In general.—Not later than 7 months after the date of enactment of this Act [May 16, 2024], the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo. “(2) Requirements.—With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph (1) shall—“(A) provide a practical pathway for pilot qualification and operations; “(B) establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft; “(C) provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and “(D) to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. “(3) Considerations.—In developing the regulations required under paragraph (1), the Administrator shall—“(A) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft; “(B) consult with the Secretary of Defense with regard to—“(i) the Agility Prime program of the United States Air Force; “(ii) powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and “(iii) the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and “(C) consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019. “(b) Interim Application of Rules and Privileges in Lieu of Rulemaking.—“(1) In general.—Beginning 16 months after the date of enactment of this Act [May 16, 2024], if a final rule has not been published pursuant to subsection (a)—“(A) the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—“(i) deemed to apply to— “(I) the operation of a powered-lift aircraft in the national airspace system; and “(II) the operator of such a powered-lift aircraft; and “(ii) applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and “(B) upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft. “(2) Termination of interim rules and privileges.—This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a). “(c) Powered-lift Aircraft Aviation Rulemaking Committee.—“(1) In general.—Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the—“(A) performance-based certification of powered-lift aircraft; “(B) certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and “(C) operation of powered-lift aircraft in commercial service and air transportation. “(2) Considerations.—In providing findings and recommendations under paragraph (1), the Committee shall consider the following:“(A) Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations. “(B) Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft. “(C) To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. “(D) The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019, as appropriate. “(E) Practical pathways for pilot qualification and operations. “(F) Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft. “(G) A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft. “(3) Report.—The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. “(d) Powered-lift Aircraft Rulemaking.—“(1) In general.—Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator. “(2) Requirements.—In developing the rulemaking under paragraph (1), the Administrator shall—“(A) consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft; “(B) consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations; “(C) consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72); “(D) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft; “(E) work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and “(F) consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956. “SEC. 956. ADVANCED PROPULSION SYSTEMS REGULATIONS.“(a) In General.—Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for regulations related to the certification and installation of—“(1) electric engines and propellers; “(2) hybrid electric engines and propulsion systems; “(3) hydrogen fuel cells; “(4) hydrogen combustion engines or propulsion systems; and “(5) other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator. “(b) Considerations.—In carrying out subsection (a), the Committee shall consider, at a minimum, the following:“(1) Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations. “(2) Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft. “(3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations. “(c) Report.—Not later than 1 year after providing findings and recommendations under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report containing such findings and recommendations. “(d) Briefing.—Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding plans of the FAA in response to the findings and recommendations contained in the report. “SEC. 957. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.“(a) In General.—The Administrator shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code, and any relevant stakeholder as determined appropriate by the Administrator, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance. “(b) Air Traffic Policies for Entry Into Service.—Not later than 40 months after the date of enactment of this Act [May 16, 2024], the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for—“(1) the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and “(2) the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate. “(c) Long-term Air Traffic Policies.—Beginning 40 months after the date of enactment of this Act, the Administrator shall—“(1) continue to update air traffic orders and policies to support the operation of powered-lift aircraft; “(2) to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports; “(3) evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and “(4) consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers. “SEC. 958. INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.“(a) Update to Design Standards.—The Administrator shall—“(1) not later than December 31, 2024, publish an update to the memorandum of the FAA titled ‘Engineering Brief No. 105, Vertiport Design’, issued on September 21, 2022 (EB No. 105); “(2) not later than December 31, 2025, publish a performance-based vertiport design advisory circular; and “(3) begin the work necessary to update the advisory circular of the FAA titled ‘Heliport Design’ (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms. “(b) Engineering Brief Sunset.—Upon the publication of an advisory circular pursuant to subsection (a)(2), the Administrator shall cancel the memorandum described in subsection (a)(1). “(c) Dual Use Facilities.—The Administrator shall establish a mechanism by which owners and operators of aviation infrastructure can safely accommodate, or file a notice to accommodate, powered-lift aircraft if such infrastructure meets the safety requirements or guidance of the FAA for such aircraft. “(d) Guidance, Forms, and Planning.—The Administrator shall—“(1) not later than 18 months after the date of enactment of this Act, ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely; “(2) determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and “(3) ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type. “SEC. 959. CHARTING OF AVIATION INFRASTRUCTURE.“The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current. “SEC. 960. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION. [Amended section 101 of div. Q of Pub. L. 117–328, set out below.] “SEC. 961. CENTER FOR ADVANCED AVIATION TECHNOLOGIES.“(a) Plan.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator shall develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies. “(b) Consultation.—In developing the plan under subsection (a), the Administrator may consult with the Advanced Air Mobility Working Group established in the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below], as amended by this Act, and the interagency working group established in section 1042 of this Act [set out in a note below]. “(c) Considerations.—In developing the plan under subsection (a), the Administrator shall consider as roles and responsibilities for the Center for Advanced Aviation Technologies—“(1) developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift; “(2) establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies; “(3) developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships; “(4) identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and “(5) any other duties, as determined appropriate by the Administrator. “(d) Submission to Congress.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a). “(e) Center.—Not later than September 30, 2026, the Administrator shall establish the Center for Advanced Aviation Technologies in accordance with the plan developed under subsection (a). In choosing the location for the Center for Advanced Aviation Technologies, the Administrator shall give preference to a community or region with a strong aeronautical presence, specifically the presence of—“(1) a large commercial airport or large air logistics center; “(2) aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift; “(3) existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters; “(4) airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases; “(5) proximity to both rural and urban communities; “(6) State, local, or Tribal governments; “(7) programs to support public-private partnerships for advanced aviation technologies; and “(8) academic institutions that offer programs relating to advanced aviation technologies engineering. “(f) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, $35,000,000 for each of fiscal years 2025 through 2028 is authorized to carry out this section. “(g) Interaction With Other Entities.—The Administrator, in carrying out this section, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and, as appropriate, the unmanned aircraft test ranges established in section 44803 of title 49, United States Code. “(h) Savings Clauses.—Nothing in this section shall be construed to interfere with any of the following activities:“(1) The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49, United States Code, to the maximum extent practicable. “(2) The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable. “(3) The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable. “(4) The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable.”

Unmanned Aircraft Systems and Advanced Air Mobility

Pub. L. 118–63, title X, subtitle B, May 16, 2024, 138 Stat. 1406, provided that: “SEC. 1041. DEFINITIONS.“In this subtitle:“(1) Advanced air mobility.—The term ‘advanced air mobility’ means a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft. “(2) Interagency working group.—The term ‘interagency working group’ means the advanced air mobility and unmanned aircraft systems interagency working group of the National Science and Technology Council established under section 1042. “(3) Labor organization.—The term ‘labor organization’ has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—“(A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and “(B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—“(i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; “(ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or “(iii) individuals employed as agricultural laborers. “(4) National laboratory.—The term ‘National Laboratory’ has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). “(5) Technical standard.—The term ‘technical standard’ has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995 [Pub. L. 104–113] (15 U.S.C. 272 note). “(6) Unmanned aircraft system.—The term ‘unmanned aircraft system’ has the meaning given such term in section 44801 of title 49, United States Code. “SEC. 1042. INTERAGENCY WORKING GROUP.“(a) Designation.—“(1) In general.—The National Science and Technology Council shall establish or designate an interagency working group on advanced air mobility and unmanned aircraft systems to coordinate Federal research, development, deployment, testing, and education activities to enable advanced air mobility and unmanned aircraft systems. “(2) Membership.—The interagency working group shall be comprised of senior representatives from NASA [National Aeronautics and Space Administration], the Department of Transportation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Institute of Standards and Technology, Department of Homeland Security, and such other Federal agencies as appropriate. “(b) Duties.—The interagency working group shall—“(1) develop a strategic research plan to guide Federal research to enable advanced air mobility and unmanned aircraft systems and oversee implementation of the plan; “(2) oversee the development of—“(A) an assessment of the current state of United States competitiveness and leadership in advanced air mobility and unmanned aircraft systems, including the scope and scale of United States investments in relevant research and development; and “(B) strategies to strengthen and secure the domestic supply chain for advanced air mobility systems and unmanned aircraft systems; “(3) facilitate communication and outreach opportunities with academia, industry, professional societies, State, local, Tribal, and Federal governments, and other stakeholders; “(4) facilitate partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, National Laboratories, unmanned aircraft systems test range (as defined in section 44801 of title 49, United States Code), academic institutions, and others; “(5) coordinate with the advanced air mobility working group established under section 2 of the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below] and heads of other Federal departments and agencies to avoid duplication of research and other activities to ensure that the activities carried out by the interagency working group are complementary to those being undertaken by other interagency efforts; and “(6) coordinate with the National Security Council and other authorized agency coordinating bodies on the assessment of risks affecting the existing Federal unmanned aircraft systems fleet and outlining potential steps to mitigate such risks. “(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and every 2 years thereafter until December 31, 2028, the interagency working group shall transmit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report that includes a summary of federally funded advanced air mobility and unmanned aircraft systems research, development, deployment, and testing activities, including the budget for each of the activities described in this paragraph. “(d) Rule of Construction.—The interagency working group shall not be construed to conflict with or duplicate the work of the interagency working group established under the advanced air mobility working group established by the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203). “SEC. 1043. STRATEGIC RESEARCH PLAN.“(a) In General.—Not later than 2 years after the date of enactment of this Act, the interagency working group shall develop and periodically update, as appropriate, a strategic plan for Federal research, development, deployment, and testing of advanced air mobility systems and unmanned aircraft systems. “(b) Considerations.—In developing the plan required under subsection (a), the interagency working group shall consider and use—“(1) information, reports, and studies on advanced air mobility and unmanned aircraft systems that have identified research, development, deployment, and testing needed; “(2) information set forth in the national aviation research plan developed under section 44501(c) of title 49, United States Code; and “(3) recommendations made by the National Academies in the review of the plan under subsection (d). “(c) Contents of the Plan.—In developing the plan required under subsection (a), the interagency working group shall—“(1) determine and prioritize areas of advanced air mobility and unmanned aircraft systems research, development, demonstration, and testing requiring Federal Government leadership and investment; “(2) establish, for the 10-year period beginning in the calendar year the plan is submitted, the goals and priorities for Federal research, development, and testing which will—“(A) support the development of advanced air mobility technologies and the development of an advanced air mobility research, innovation, and manufacturing ecosystem; “(B) take into account sustained, consistent, and coordinated support for advanced air mobility and unmanned aircraft systems research, development, and demonstration, including through grants, cooperative agreements, testbeds, and testing facilities; “(C) apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems; “(D) inform the development of voluntary consensus technical standards and best practices for the development and use of advanced air mobility and unmanned aircraft systems; “(E) support education and training activities at all levels to prepare the United States workforce to use and interact with advanced air mobility systems and unmanned aircraft systems; “(F) support partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, the National Laboratories, Center of Excellence for Unmanned Aircraft Systems Research of the FAA [Federal Aviation Administration], unmanned aircraft systems test ranges (as defined in section 44801 of title 49, United States Code), academic institutions, labor organizations, and others to advance research activities; “(G) leverage existing Federal investments; and “(H) promote hardware interoperability and open-source systems; “(3) support research and other activities on the impacts of advanced air mobility and unmanned aircraft systems on national security, safety, economic, legal, workforce, and other appropriate societal issues; “(4) reduce barriers to transferring research findings, capabilities, and new technologies related to advanced air mobility and unmanned aircraft systems into operation for the benefit of society and United States competitiveness; “(5) in consultation with the Council of Economic Advisers, measure and track the contributions of unmanned aircraft systems and advanced air mobility to United States economic growth and other societal indicators; and “(6) identify relevant research and development programs and make recommendations for the coordination of relevant activities of the Federal agencies and set forth the role of each Federal agency in implementing the plan. “(d) National Academies of Sciences, Engineering, and Medicine Evaluation.—The Administrator [of the Federal Aviation Administration] shall seek to enter into an agreement with the National Academies to review the plan every 5 years. “(e) Public Participation.—In developing the plan under subsection (a), the interagency working group shall consult with representatives of stakeholder groups, which may include academia, research institutions, and State, industry, and labor organizations. Not later than 90 days before the plan, or any revision thereof, is submitted to Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. “(f) Reports to Congress on the Strategic Research Plan.—“(1) Progress report.—Not later than 1 year after the date of enactment of this Act, the interagency working group described in section 1042 of this Act shall transmit to the covered committees of Congress a report that describes the progress in developing the plan required under this section. “(2) Initial report.—Not later than 2 years after the date of enactment of this Act, the interagency working group shall transmit to the covered committees of Congress the strategic research plan developed under this section. “(3) Biennial report.—Not later than 1 year after the transmission of the initial report under paragraph (2) and every 2 years thereafter until December 31, 2033, the interagency working group shall transmit to the covered committees of Congress a report that includes an analysis of the progress made towards achieving the goals and priorities for the strategic research plan. “SEC. 1044. FEDERAL AVIATION ADMINISTRATION UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY RESEARCH AND DEVELOPMENT.“(a) In General.—Consistent with the research plan in section 1043, the Administrator, in coordination with the Administrator of NASA and other Federal agencies, shall carry out and support research, development, testing, and demonstration activities and technology transfer, and activities to facilitate the transition of such technologies into application to enable advanced air mobility and unmanned aircraft systems and to facilitate the safe integration of advanced air mobility and unmanned aircraft systems into the national airspace system, in areas including—“(1) beyond visual-line-of-sight operations; “(2) command and control link technologies; “(3) development and integration of unmanned aircraft system traffic management into the national airspace system; “(4) noise and other societal and environmental impacts; “(5) informing the development of an industry consensus vehicle-to-vehicle standard; “(6) safety, including collisions between advanced air mobility and unmanned aircraft systems of various sizes, traveling at various speeds, and various other crewed aircraft or various parts of other crewed aircraft of various sizes and traveling at various speeds; and “(7) detect-and-avoid capabilities. “(b) Duplicative Research and Development Activities.—The Administrator shall ensure that research and development and other activities conducted under this section do not duplicate other Federal activities related to the integration of unmanned aviation systems or advanced air mobility. “(c) Lessons Learned.—The Administrator shall apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems. “(d) Research on Approaches to Evaluating Risk.—The Administrator shall conduct research on approaches to evaluating risk in emerging vehicles, technologies, and operations for unmanned aircraft systems and advanced air mobility systems. Such research shall include—“(1) defining quantitative metrics, including metrics that may support the Administrator in making determinations, and research to inform the development of requirements, as practicable, for the operations of certain unmanned aircraft systems, as described under section 44807 of title 49, United States Code; “(2) developing risk-based processes and criteria to inform the development of regulations and certification of complex operations, to include autonomous beyond-visual-line-of-sight operations, of unmanned aircraft systems of various sizes and weights, and advanced air mobility systems; and “(3) considering the utility of performance standards to make determinations under section 44807 of title 49, United States Code. “(e) Report.—Not later than 9 months after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the actions taken by the Administrator to implement provisions under this section that includes—“(1) a summary of the costs and results of research under subsection (a)(6); “(2) a description of plans for and progress toward the implementation of research and development under subsection (d); “(3) a description of the progress of the FAA in using research and development to inform FAA certification guidance and regulations of—“(A) large unmanned aircraft systems, including those weighing more than 55 pounds; and “(B) extended autonomous and remotely piloted operations beyond visual line of sight in controlled and uncontrolled airspace; and “(4) a current plan for full operational capability of unmanned aircraft systems traffic management, as described in section 376 the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 44802 note). “(f) Parallel Efforts.—“(1) In general.—Research and development activities under this section may be conducted concurrently with the deployment of technologies outlined in (a) and in carrying out the [sic] this title and title IX [of Pub. L. 118–63; see Tables for classification]. “(2) Rule of construction.—Nothing in this section shall be construed to delay appropriate actions to deploy the technologies outlined in subsection (a), including the deployment of beyond visual-line-of-sight operations of unmanned aircraft systems, or delay the Administrator in carrying out this title and title IX, or limit FAA use of existing risk methodologies to make determinations pursuant to section 44807 of title 49, United States Code, prior to completion of relevant research and development activities. “(3) Practices and regulations.—The Administrator shall, to the maximum extent practicable, use the results of research and development activities conducted under this section to inform decisions on whether and how to maintain or update existing regulations and practices, or whether to establish new practices or regulations. “SEC. 1045. PARTNERSHIPS FOR RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TESTING.“(a) Study.—The Administrator shall seek to enter into an arrangement with the National Academy of Public Administration to examine research, development, demonstration, and testing partnerships of the FAA to advance unmanned aircraft systems and advanced air mobility and to facilitate the safe integration of unmanned aircraft systems into the national airspace system. “(b) Considerations.—The Administrator shall ensure that the entity carrying out the study in subsection (a) shall—“(1) identify existing FAA partnerships with external entities, including academia and Centers of Excellence, industry, and nonprofit organizations, and the types of such partnership arrangements; “(2) examine the partnerships in paragraph (1), including the scope and areas of research, development, demonstration, and testing carried out, and associated arrangements for performing research and development activities; “(3) review the extent to which the FAA uses the results and outcomes of each partnership to advance the research and development in unmanned aircraft systems; “(4) identify additional research and development areas, if any, that may benefit from partnership arrangements, and whether such research and development would require new partnerships; “(5) identify any duplication of ongoing or planned research, development, demonstration, or testing activities; “(6) identify effective and appropriate means for publication and dissemination of the results and sharing with the public, commercial, and research communities related data from such research, development, demonstration, and testing conducted under such partnerships; “(7) identify effective mechanisms, either new or already existing, to facilitate coordination, evaluation, and information-sharing among and between such partnerships; “(8) identify effective and appropriate means for facilitating technology transfer activities within such partnerships; “(9) identify the extent to which such partnerships broaden participation from groups historically underrepresented in science, technology, engineering, and mathematics, including computer science and cybersecurity, and include participation by industry, workforce, and labor organizations; and “(10) review options for funding models best suited for such partnerships, which may include cost-sharing and public-private partnership models with industry. “(c) Transmittal.—Not later than 12 months after the date of enactment of this Act, the Administrator shall transmit to the covered committees of Congress the study described in subsection (a).”

Acceptance of Digital Driver’s License and Identification Cards

Pub. L. 118–63, title XI, § 1103, May 16, 2024, 138 Stat. 1415, provided that: “The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to accept, in any instance where an individual is required to submit government-issued identification to the Administrator, a digital or mobile driver’s license or identification card issued to such individual by a State.”

Wing-In-Ground-Effect Craft

Pub. L. 118–63, title XI, § 1114, May 16, 2024, 138 Stat. 1420, provided that: “(a) Memorandum of Understanding.—“(1) In general.—Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] and the Commandant of the Coast Guard shall execute a memorandum of understanding governing the specific roles, authorities, delineations of responsibilities, resources, and commitments of the FAA [Federal Aviation Administration] and the Coast Guard, respectively, pertaining to wing-in-ground-effect craft that are—“(A) only capable of operating either in water or in ground effect over water; and “(B) operated exclusively over waters subject to the jurisdiction of the United States. “(2) Contents.—The memorandum of understanding described in paragraph (1) shall—“(A) cover, at a minimum, the processes of the FAA and the Coast Guard will follow to promote communications, efficiency, and nonduplication of effort in carrying out such memorandum of understanding; and “(B) provide procedures for, at a minimum—“(i) the approval of wing-in-ground-effect craft designs; “(ii) the operation of wing-in-ground-effect craft, including training and certification of persons responsible for operating such craft; “(iii) pilotage of wing-in-ground-effect craft; “(iv) the inspection, including pre-delivery and service, of wing-in-ground-effect craft; and “(v) the maintenance of wing-in-ground-effect craft. “(b) Status Briefing.—Not later than 1 year after the date of enactment of this Act, the Administrator and the Commandant shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the status of the memorandum of understanding described in subsection (a) as well as provide any recommendations for legislative action to improve efficacy or efficiency of wing-in-ground-effect craft governance. “(c) Wing-in-ground-effect Craft Defined.—In this section, the term ‘wing-in-ground-effect craft’ means a craft that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the craft and the surface of the water.”

Advanced Air Mobility Infrastructure Pilot Program

Pub. L. 117–328, div. Q, § 101, Dec. 29, 2022, 136 Stat. 5246, as amended by Pub. L. 118–63, title IX, § 960, May 16, 2024, 138 Stat. 1383, provided that: “(a) Establishment.—Not later than 180 days after the date of enactment of this section [Dec. 29, 2022], the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States. “(b) Planning Grants.—“(1) In general.—The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure. “(2) Comprehensive plan.—“(A) In general.—Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use or private-owned vertiport infrastructure, as well as the use of existing airport and heliport infrastructure that may require modifications to safely accommodate AAM operations,, [sic] in a format capable of being published on the website of the Department of Transportation. “(B) Plan contents.—The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include as many of the following as possible:“(i) The identification of planned or potential public use and private-owned vertiport locations. “(ii) A description of infrastructure necessary to support AAM operations. “(iii) A description of types of planned or potential AAM operations and a forecast for proposed locations for operations, including estimates for initial operations and future growth. “(iv) The identification of physical and digital infrastructure required to meet any standards and guidance for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software. “(v) A description of any hazard associated with planned or potential urban air mobility and regional air mobility operations, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning. “(vi) A description of potential environmental effects of planned or potential construction or siting of vertiports, including efforts to reduce potential aviation noise. “(vii) A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including— “(I) connectivity to existing public transportation hubs and intermodal and multimodal facilities for AAM operations; “(II) opportunities to create new service to rural areas and areas underserved by air transportation; or “(III) any potential conflict with existing aviation infrastructure that may arise from the planned or potential location of the vertiport. “(viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents. “(ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access. “(x) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport or the modification of aviation infrastructure. “(xi) The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity’s planned or potential vertiport location. “(xii) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs. “(3) Application.—To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. “(4) Selection.—“(A) In general.—In awarding grants under this subsection, the Secretary shall consider the following:“(i) Geographic diversity. “(ii) Diversity of the proposed models of infrastructure financing and management. “(iii) Diversity of proposed or planned AAM operations. “(iv) The need for comprehensive plans that— “(I) ensure the safe and efficient integration of AAM operations into the National Airspace System; “(II) improve transportation safety, connectivity, access, and equity in both rural and urban regions in the United States; “(III) leverage existing public transportation systems and intermodal and multimodal facilities; “(IV) reduce surface congestion and the environmental impacts of transportation; “(V) grow the economy and create jobs in the United States; and “(VI) encourage community engagement when planning for AAM-related infrastructure. “(B) Priority.—The Secretary shall prioritize awarding grants under this subsection to eligible entities that collaborate with commercial AAM entities, institutions of higher education, research institutions, the Department of Defense, the National Guard, or other relevant stakeholders to develop and prepare a comprehensive plan. “(C) Minimum allocation to rural areas.—The Secretary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehensive plan under paragraph (2) that is related to infrastructure located in a rural area. “(5) Grant amount.—Each grant made under this subsection shall be made in an amount that is not more than $1,000,000. “(6) Briefing.—“(A) In general.—Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2027, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans submitted to the Secretary under such paragraph. “(B) Contents.—The briefing required under subparagraph (A) shall include—“(i) an evaluation of all planned or potential vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or potential vertiport locations may fit into the overall United States transportation system and network; “(ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities; and “(iii) a description of— “(I) initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations; “(II) how eligible entities are planning for and encouraging early adoption of urban air mobility and regional air mobility operations; “(III) what role each level of government plays in the process; and “(IV) whether such entities recommend specific regulatory or guidance actions be taken by the Secretary or any other head of a Federal agency in order to support such early adoption. “(c) Authorization of Appropriations.—“(1) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, there are authorized to carry out this section $12,500,000 for each of fiscal years 2023 through 2026, to remain available until expended. “(2) Administrative expenses.—Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section. “(d) Termination.—“(1) In general.—No grant may be awarded under this section after September 30, 2026. “(2) Continued funding.—Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2026—“(A) for grants awarded prior to September 30, 2026; and “(B) for administrative expenses. “(e) Definitions.—In this section:“(1) Advanced air mobility; aam; regional air mobility; urban air mobility; vertiport.—The terms ‘advanced air mobility’, ‘AAM’, ‘regional air mobility’, ‘urban air mobility’, and ‘vertiport’ have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act [Pub. L. 117–203] (49 U.S.C. 40101 note). “(2) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(3) Commercial aam entities.—The term ‘commercial AAM entities’ means—“(A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM; “(B) intended commercial operators of AAM aircraft and systems; and “(C) intended commercial operators and developers of vertiports. “(4) Eligible entity.—The term ‘eligible entity’ means—“(A) a State, local, or Tribal government, including a political subdivision thereof; “(B) an airport sponsor; “(C) a transit agency; “(D) a port authority; “(E) a metropolitan planning organization; or “(F) any combination or consortium of the entities described in subparagraphs (A) through (E). “(5) Metropolitan planning organization.—The term ‘metropolitan planning organization’ has the meaning given such term in section 5303(b) of title 49, United States Code. “(6) Rural area.—The term ‘rural area’ means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget). “(7) Secretary.—The term ‘Secretary’ means the Secretary of Transportation. “(8) State.—The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. “(f) Rule of Construction.—Nothing in this section may be construed as conferring upon any person, State, local, or Tribal government the authority to determine the safety of any AAM operation or the feasibility of simultaneous operations by AAM and conventional aircraft within any given area of the national airspace system.”

National Aviation Preparedness Plan

Pub. L. 117–328, div. Q, § 105, Dec. 29, 2022, 136 Stat. 5253, provided that: “(a) In General.—Not later than 2 years after the date of enactment of this section [Dec. 29, 2022], the Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary of Transportation considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks. “(b) Contents of Plan.—The plan developed under subsection (a) shall, at a minimum—“(1) provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan; “(2) improve coordination among airports, air carriers, the Transportation Security Administration, U.S. Customs and Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local governments and health agencies with respect to preparing for and responding to communicable disease outbreaks; “(3) to the extent practicable, improve coordination among relevant international entities; “(4) create a process to identify appropriate personal protective equipment, if any, for covered employees to reduce the likelihood of exposure to a covered communicable disease, and thereafter issue recommendations for the equipage of such employees; “(5) create a process to identify appropriate techniques, strategies, and protective infrastructure, if any, for the cleaning, disinfecting, and sanitization of aircraft and enclosed facilities owned, operated, or used by an air carrier or airport, and thereafter issue recommendations pertaining to such techniques, strategies, and protective infrastructure; “(6) create a process to evaluate technologies and develop procedures to effectively screen passengers for communicable diseases, including through the use of temperature checks if appropriate, for domestic and international passengers, crew members, and other individuals passing through airport security checkpoints; “(7) identify and assign Federal agency roles in the deployment of emerging and existing technologies and solutions to reduce covered communicable diseases in the aviation ecosystem; “(8) clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered communicable disease; “(9) incorporate, as appropriate, the recommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled ‘Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System’s Preparedness’, issued in December 2015 (GAO-16-127); “(10) consider the latest peer-reviewed scientific studies that address communicable disease with respect to air transportation; and “(11) consider funding constraints. “(c) Consultation.—When developing the plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of—“(1) air carriers, which shall include domestic air carriers consisting of major air carriers, low-cost carriers, regional air carriers and cargo carriers; “(2) airport operators, including with respect to large hub, medium hub, small hub, and nonhub commercial service airports; “(3) labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers; “(4) the labor organization certified under section 7111 of title 5, United States Code, as the exclusive bargaining representative of air traffic controllers of the Federal Aviation Administration; “(5) the labor organization certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration; “(6) trade associations representing air carriers and airports; “(7) aircraft manufacturing companies; “(8) general aviation; and “(9) such other stakeholders as the Secretary considers appropriate. “(d) Report.—Not later than 30 days after the plan is developed under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes such plan. “(e) Review of Plan.—Not later than 1 year after the date on which a report is submitted under subsection (d), and again not later than 5 years thereafter, the Secretary shall review the plan included in such report and, after consultation with aviation industry and labor stakeholders, make changes by rule as the Secretary considers appropriate. “(f) GAO Study.—Not later than 18 months after the date of enactment of this section [Dec. 29, 2022], the Comptroller General shall conduct and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study assessing the national aviation preparedness plan developed under subsection (a), including—“(1) whether such plan—“(A) is responsive to any previous recommendations relating to aviation preparedness with respect to an outbreak of a covered communicable disease or global health emergency made by the Comptroller General; and “(B) meets the obligations of the United States under international conventions and treaties; and “(2) the extent to which the United States aviation system is prepared to respond to an outbreak of a covered communicable disease. “(g) Definitions.—In this section:“(1) Covered employee.—The term ‘covered employee’ means—“(A) an individual whose job duties require interaction with air carrier passengers on a regular and continuing basis and who is an employee of—“(i) an air carrier; “(ii) an air carrier contractor; “(iii) an airport; or “(iv) the Federal Government; or “(B) an air traffic controller or systems safety specialist of the Federal Aviation Administration. “(2) Covered communicable disease.—The term ‘covered communicable disease’ means a communicable disease that has the potential to cause a future epidemic or pandemic of infectious disease that would constitute a public health emergency of international concern as declared, after the date of enactment of this section, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d). “(3) Temperature check.—The term ‘temperature check’ means the screening of an individual for a fever.”

Advanced Air Mobility Working Group